Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning Anti-Dumping, Countervailing, and Preventive Measures

Article 1 — Definitions ¶

Part Two: Harmful Practices in International Trade of Domestic Industry
Section One: Complaint and Investigation Procedures
Chapter One: Conditions for Filing a Complaint: Article (2)

Article 7 — Article (8) ¶

Chapter Two: Article (9) Procedures of Investigation

Article 26 — Section Two: Anti-Dumping ¶

Chapter One: Determinations of Dumping: Article (27)

Article 34 — [appears twice in source index] ¶

Article (34)
Chapter Three: Article (36) Anti-Dumping Measures

Article 37 — Article (38) ¶

Chapter Four: Article (39) Undertakings

Article 40 — Article (41) ¶

Chapter Five: Article (42) Retroactive Application

Article 47 — Article (48) ¶

Section Three: Subsidy and Countervailing Measures
Chapter One: Identifying Availability of Subsidy: Article (49)

Article 56 — Article (57) ¶

Chapter Four: Countervailing Measures: Article (58)

Article 59 — Article (60) ¶

Chapter Five: Undertakings: Article (61)

Article 62 — Article (63) ¶

Chapter Six: Retroactive Application: Article (64)

Article 69 — Article (70) ¶

Section Four: Preventive Measures against Unjustifiable Increase of Imports
Chapter One: Identification of Injury: Article (71)

Article 84 — Management of Advisory Committee's Functions ¶

Part Three: Harmful Practices in International Trade of the GCC Industry

Article 85 ¶

GCC Authorities Investigating Harmful Practices in International Trade of The GCC Industry: Article (86)

Article 91 — Article (92) ¶

Appealing Final Decisions on Harmful Practices in International Trade of the GCC Industry: Article (93)

Part Four: General Provisions

Article 96 — -- ¶

Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures

- Having Reviewed: - The Constitution; and - Federal Law (1) of 1972 on the Competencies of Ministr... [preview truncated]
The Cabinet, Hereby Resolves as follows:

Part One

Article (1) Definitions
Wherever used herein, unless the context otherwise requires, the following words and expressions shall have the meanings assigned to them: State; Ministry; Minister; Department; Advisory Committee; Government Body; GCC States; Gulf Bodies Concerned; Ministerial Committee; Standing Committee; Bureau of the Technical Secretariat; Judicial Tribunal; WTO; WTO Agreements; Harmful Practices in International Trade; Dumping; Subsidy; Increase in Imports; Measures; Anti-Dumping Measures; Countervailing Measures; Preventive Measures; Provisional Measures; Final Measures; Complaint; Domestic Industry; GCC Industry; Related Parties; Injury; Serious Injury; The threat of Serious Injury; Normal Value; Export Price; Margin of Dumping; Subsidy; National Market; Gulf Market; Similar Product; Specific Subsidy; Subsidized Imports; Product Under Investigation; Importing Country; Government; Independent Buyer; Official Bulletin; Official Gazette; Common Law; Law. [Preview only - full definitions not captured verbatim]

Part Two: Harmful Practices in International Trade of Domestic Industry
Section One: Complaint and Investigation Procedures

Chapter One: Conditions for Filing a Complaint: Article (2)
1. A complaint against dumping, subsidization or unjustified increase in imports shall be lodged to ... [preview truncated]

Article (3)
The Department shall, no later than thirty (30) business days as of the first business day subsequen... [preview truncated]

Article (4)
The Minister or his delegate shall, no later than fifteen (15) business days as of the date of recei... [preview truncated]

Article (5)
The Department shall notify the complainant of the Minister's Resolution within seven (7) business d... [preview truncated]

Article (6)
1. The Minister or his delegate shall decide to initiate an antidumping or an anti-subsidy investiga... [preview truncated]

Article (7)
1. Prior to the commencement of an investigation into dumping or subsidy complaints, the Department ... [preview truncated]

Article (8)
The Department shall keep records for the complaints submitted thereto, and maintain all related pro... [preview truncated]

Chapter Two: Article (9) Procedures of Investigation
The Department shall, within ten (10) working days from the date of issuance of the affirmative deci... including: a. The period during which Related Parties desiring to participate in the investigation shall inform... [preview truncated]

Article (10)
1. Subject to the protection of the confidential information, the Department shall, as soon as the a... [preview truncated]

Article (11)
1. The Department shall, in the case of antidumping and anti-subsidy investigations, send as soon as... [preview truncated]

Article (12)
1. Related Parties shall clearly and completely respond to questionnaires no later than forty (40) d... [preview truncated]

Article (13)
If the number of exporters, producers, importers, types of products or transactions under investigat... [preview truncated]

Article (14)
1. All parties requesting to participate in the investigation as Related Parties within the time-lim... [preview truncated]

Article (15)
1. The Department shall keep records of the hearings and shall keep them in the general file, with t... [preview truncated]

Article (16)
Related Parties wishing to attend a public hearing shall notify the Department at least seven (7) bu... [preview truncated]

Article (17)
Public hearings held in accordance with the provisions hereof shall be chaired by the Department's D... [preview truncated]

Article (18)
1. Subject to the approval of the companies concerned and the no objection of the country concerned ... [preview truncated]

Article (19)
1. Any information, which is by nature confidential, or which is provided on a confidential basis by... [preview truncated]

Article (20)
1. The Department shall prepare an initial report of results no later than one hundred and eighty (1... [preview truncated]

Article (21)
In light of the report of the Department referred to in Article (20) hereof and the recommendation o... [preview truncated]

Article (22)
Upon the decision of the Minister or his delegate to terminate the investigation without imposing me... [preview truncated]

Article (23)
In all cases, the investigation shall be completed within twelve (12) months from its date of initia... [preview truncated]

Article (24)
Upon the decision to impose measures, whether provisional or definitive, the Department shall notify... [preview truncated]

Article (25)
1. Notifications, correspondence, inquiries and other communications shall be sent to the Related Pa... [preview truncated]

Article (26)
1. In cases where an interested party refuses or fails to provide the required information or fails ... [preview truncated]

Section Two: Anti-Dumping

Chapter One: Determinations of Dumping: Article (27)
1. The normal value shall be calculated based on the comparable price paid or payable, in the ordina... including: a. Within an extended period of time, which shall normally be for one (1) year and shall in no case ... 7. Where the country exporting the product under investigation is a non-market economy country, norm... [preview truncated]

Article (28)
1. The export price shall be determined on the basis of the price paid or to be paid for the product... [preview truncated]

Article (29)
1. A fair comparison shall be drawn between the export price and the normal value. 2. This compariso... [preview truncated]

Article (30)
1. The margin of dumping shall be normally determined during the investigation period, on the basis ... [preview truncated]

Chapter Two: Identification of Injury: Article (31)
A material injury to domestic industry shall be identified based on an objective examination of all ... including factors: a. With regard to the volume of dumped imports, consideration shall be made to whether there has bee... There has been a significant price undercutting in such dumped imports when compared with the pric... c. No one or several of the factors identified in paragraph 1 of this Article can necessarily provid... 2. The impact of the dumped imports on the domestic industry involved, through an evaluation of all ... a. Actual and potential decline in sales, profits, production, market share, productivity, return on... 3. The impact of the dumped imports shall be assessed in relation to the domestic production of the ... [preview truncated]

Article (32)
1. A threat of material injury on the domestic industry shall be identified on facts and not merely ... a. A significant rate of increase of dumped imports into the domestic market indicating the likeliho... 2. Other relevant factors that are supported by sufficient evidence may be taken into consideration. [preview truncated]

Article (33)
1. It shall be verified that injuries caused to the domestic industry are resulting from dumped impo... [preview truncated]

Article (34)
Where imports of a product from more than one country are simultaneously subjected to an anti-dumpin... [preview truncated]

Article (34) [second occurrence in source]
An immediate termination of the investigation shall be recommended without imposing measures in any ... [preview truncated]

Chapter Three: Article (36) Anti-Dumping Measures
1. The Minister or his delegate may, upon the recommendation of the Advisory Committee, impose provi... a. An investigation has been initiated and public notice has been published in the Official Gazette ... 2. Provisional measures may take the form of provisional customs duties or, preferably, take the for... [preview truncated]

Article (37)
1. The Minister or his delegate, on the recommendation of the Advisory Committee, shall impose final... [preview truncated]

Article (38)
1. Anti-Dumping duties shall remain in force only for the period and limit necessary for anti-dumpin... [preview truncated]

Chapter Four: Article (39) Undertakings
1. Upon the approval of the Minister or his delegate, an investigation may be suspended or terminate... a. The commitment by an exporter to increase prices of the product under investigation into the Stat... 2. Price undertakings shall not be sought or accepted from exports unless an initial affirmative det... [preview truncated]

Article (40)
1. Price in export prices under such price undertakings shall be proportionate to the extent necessa... a. If a negative determination of dumping or injury is made by the Minister or his delegate, the pri... [preview truncated]

Article (41)
1. Exporter whose undertakings have been accepted shall provide periodically to the Department infor... [preview truncated]

Chapter Five: Article (42) Retroactive Application
1. Provisional measures and final anti-dumping duties shall only be applied to products imported for... a. A final determination of material injury has been made; or b. A final determination of threat of ... [preview truncated]

Article (43)
1. Where the final anti-dumping duties are higher than the provisional duties paid or payable, or th... [preview truncated]

Article (44)
Notwithstanding paragraph 2 (b) of Article 42 hereof, where a final determination of threat of mater... [preview truncated]

Article (45)
Final anti-dumping duties may be levied on products which were imported to the State for consumption... [preview truncated]

Chapter Six: Reconsideration of Anti-Dumping Measures: Article (46)
1. At any time and where warranted, the Minister or his delegate may, on its own initiative, at the ... a. to repeal the anti-dumping measures immediately if the review concluded that the imposition of an... 4. Such review shall be carried out expeditiously and shall normally be concluded within twelve (12)... [preview truncated]

Article (47)
1. In cases where products exported to the State are subject to final anti-dumping duties, a review ... [preview truncated]

Article (48)
1. The Minister or his delegate shall, on its own initiative, upon a proposal of the Advisory Commit... a. to repeal the anti-dumping duties immediately if the review concluded that the imposition of anti... 4. Any such review shall be carried out expeditiously and shall normally be concluded within twelve ... [preview truncated]

Section Three: Subsidy and Countervailing Measures

Chapter One: Identifying Availability of Subsidy: Article (49)
A subsidy shall be deemed to have existence if: 1. There is direct or indirect financial contributio... a. Conducts a direct transfer of funds (e.g. grants and loans), or potential direct transfers of fun... 2. Any form of subsidy that would support income or price in the sense of Article XVI of GATT 1994. [preview truncated]

Article (50)
1. A subsidy, as defined in Article 49 hereof, shall be deemed a specific subsidy that gives rise to... a. Where the granting authority, or the legislation pursuant to which the granting authority operate... Use of a subsidy program by a limited number of certain enterprises or predominant use by certain ... 3. A subsidy shall be specific when it is limited to certain enterprises located within a designated... a. Subsidies that are contingent, in law or in fact, upon the level of exporting performance, whethe... [preview truncated]

Chapter Two: Calculation of Subsidy Amount: Article (51)
The amount of subsidy shall be calculated based on the following: 1. Determining the total subsidy a... 4. Deducing from the calculated subsidy amount any fees or costs incurred in order to qualify for, o... [preview truncated]

Article (52)
The amount of subsidy received by a recipient shall be calculated based on the benefit conferred on ... [preview truncated]

Chapter Three: Identification of Injury: Article (53)
A material injury to domestic industry shall be identified based on an objective examination of all ... a. With regard to the volume of subsidized imports, consideration shall be made to whether there has... There has been a significant price undercutting in subsidized imports as compared with the price o... c. No one or several of the factors identified in this paragraph can necessarily provide decisive gu... 2. The impact of the subsidized imports on the domestic industry involved, through an evaluation of ... a. Actual and potential decline in sales, profits, production, market share, productivity, return on... 3. The impact of the subsidized imports shall be assessed in relation to the domestic production of ... [preview truncated]

Article (54)
1. A threat of material injury on the domestic industry shall be identified based on the facts rathe... a. Nature of the subsidy in question and trade effects likely to arise therefrom. b. A significant r... 2. Other relevant factors that are supported by sufficient evidence may be taken into consideration. [preview truncated]

Article (55)
1. It shall be verified that injuries caused to the domestic industry are resulting from subsidized ... a. The volume and prices of non-subsidized imports. b. Decline in demand or changes in the patterns ... [preview truncated]

Article (56)
Upon determining the injury caused by subsidized imports from more than one country, the effect of s... [preview truncated]

Article (57)
An immediate termination of the investigation shall be recommended without imposing measures in any ... a. In cases of subsidized imports from developing countries, "negligible" means that the volume of t... [preview truncated]

Chapter Four: Countervailing Measures: Article (58)
1. The Minister or his delegate may, upon the recommendation of the Advisory Committee, impose provi... a. An investigation has been initiated and public notice has been published in the Official Gazette ... 2. Provisional countervailing measures may take the form of provisional customs duties or, preferabl... [preview truncated]

Article (59)
1. The Minister or his delegate, on the recommendation of the Advisory Committee, shall impose final... [preview truncated]

Article (60)
1. Countervailing duties shall remain valid only for such period and limit necessary to offset the s... [preview truncated]

Chapter Five: Undertakings: Article (61)
1. Upon the approval of the Minister or his delegate, an investigation may be suspended or terminate... a. Approval of the government of the exporting country to cancel or limit subsidization or to take o... 2. Price undertakings shall not be sought or accepted from exports unless an initial affirmative det... [preview truncated]

Article (62)
1. Increases in export prices under such price undertakings shall be proportionate to the extent nec... a. If a negative determination of dumping or injury is made by the Minister or his delegate, the pri... [preview truncated]

Article (63)
1. Exporter, or governments of exporting countries whose undertakings have been accepted, shall prov... [preview truncated]

Chapter Six: Retroactive Application: Article (64)
1. Provisional measures and definitive countervailing measures and duties shall only be applied to p... a. A final determination of material injury has been made; or b. A final determination of threat of ... [preview truncated]

Article (65)
1. Where the final countervailing duties are higher than the provisional duties paid or payable, or ... [preview truncated]

Article (66)
Notwithstanding paragraph 2 (b) of Article 64 hereof, where a final determination of threat of mater... [preview truncated]

Article (67)
Final countervailing duties may be levied on products which were imported to the State for consumpti... [preview truncated]

Chapter Seven: Reconsideration of Countervailing Measures: Article (68)
1. At any time and where warranted, the Minister or his delegate may, on its own initiative, at the ... a. To repeal the measures immediately if the review concluded that the imposition of such duties are... 4. Any such review shall be carried out expeditiously and shall normally be concluded within twelve ... [preview truncated]

Article (69)
1. In cases where products exported to the State are subject to final countervailing duties, a revie... [preview truncated]

Article (70)
1. The Minister or his delegate shall, on its own initiative, upon a proposal of the Advisory Commit... a. To repeal the final countervailing duties immediately if the review concluded that the imposition... 4. Any such review shall be carried out expeditiously and shall normally be concluded within twelve ... [preview truncated]

Section Four: Preventive Measures against Unjustifiable Increase of Imports

Chapter One: Identification of Injury: Article (71)
1. A preventive measure may be taken to a product being imported irrespective of its source, if it i... a. Ratio and volume of increase of imports of the product under investigation, in absolute or relati... [preview truncated]

Article (72)
1. A threat of material injury on the domestic industry shall be identified on facts and not merely ... a. The rate of increase of imports into the domestic market indicating the likelihood of substantial... [preview truncated]

Chapter Two: Preventive Measures: Article (73)
In the event of critical circumstances, the Minister or his delegate may, upon a recommendation from... [preview truncated]

Article (74)
Provisional preventative duties shall take the form of tariff increases in accordance with the appli... [preview truncated]

Article (75)
1. In the case that the Advisory Committee found, upon the conclusions made by the Department, that ... a. Imports from certain countries increased disproportionately to the total increase of imports from... 6. The validity of measure imposed in accordance with the provisions of paragraph (5) of this Articl... [preview truncated]

Article (76)
No preventive measures may be applied to any product originating in a developing country Member of t... [preview truncated]

Chapter Three: Validity Term of Final Preventive Measures: Article (77)
1. The Final Preventive Measures shall be applied for a period of no more than four (4) years, and t... a. a year has elapsed the imposition of the measure on the import of the product; and b. the measure... [preview truncated]

Article (78)
1. The extension of the application of the Final Preventive Measures depends on the findings of a ne... [preview truncated]

Section Five: Advisory Committee

Article (79) Advisory Committee Meetings
1. The Advisory Committee shall convene a regular meeting every two months, at the call of the Depar... a. The cases of recommendations shall not exceed four times a year. b. The majority of the members o... [preview truncated]

Article (80)
1. The Department shall send the draft agenda of the meeting with the relevant documents not less th... [preview truncated]

Deliberations: Article (81)
1. Meetings of the Advisory Commission shall be chaired by the chairman of the Advisory Committee; f... [preview truncated]

Article (82)
1. Any entity represented in the Advisory Committee, including the chairman of the Advisory Committe... [preview truncated]

Article (83)
1. The recommendations of the Advisory Committee shall be issued by majority vote of the members pre... [preview truncated]

Article (84) Management of Advisory Committee's Functions
1. The Department shall organize the functions of the Advisory Committee as follows: a. Preparing meetings. b. Receiving and distributing documents and reports related to their activiti... 2. The minutes of the meetings of the Advisory Committee shall be approved at the end of each meetin... [preview truncated]

Part Three: Harmful Practices in International Trade of the GCC Industry

Article (85)
1. The GCC industry enjoys protection from harmful practices in international trade, as stipulated i... [preview truncated]

GCC Authorities Investigating Harmful Practices in International Trade of The GCC Industry: Article (86)
For the purpose of protecting the GCC industry from harmful practices in international trade in acco... [preview truncated]

Article (87)
For applying the provisions hereof to harmful practices in international trade faced by the GCC indu... [preview truncated]

Article (88)
The Bureau of the Technical Secretariat shall provide any notifications required by the WTO Agreemen... [preview truncated]

Article (89)
The Bureau of the Technical Secretariat shall issue an official bulletin, which shall include all th... [preview truncated]

Article (90)
The measures imposed both hereunder and in accordance with the Common Law shall apply to the importe... [preview truncated]

Article (91)
1. In exceptional cases, the GCC industry may be interpreted as indicative to local producers in dif... [preview truncated]

Article (92)
The Ministry shall provide the Bureau of the Technical Secretariat with a statistical statement. Suc... [preview truncated]

Appealing Final Decisions on Harmful Practices in International Trade of the GCC Industry: Article (93)
Each party participating in the investigation as an interested party, which was solely and directly ... [preview truncated]

Part Four: General Provisions

Article (94)
The provisions of the WTO Agreement applicable to Article VI of the General Agreement on Tariffs and... [preview truncated]

Article (95)
The Minister may, upon the recommendation of the Department, announce a review of the measures or th... [preview truncated]

Article (96)
This Resolution shall be published in the Official Gazette and shall enter into effect from the day ... [preview truncated]

Translated in cooperation with